In this criminal miscellaneous writ petition, the petitioner sought a direction for fair investigation of a criminal case. The Court rejected the prayer, finding no merit as the petitioner failed to demonstrate any ground why the investigation was being conducted unfairly, noting only vague averments.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23436 of 2018
Petitioner :- Ram Avtar Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Shrawan Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shrawan Dwivedi, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to direct the respondent authorities to conduct fair and proper investigation early as possible and take appropriate legal and departmental action against respondent no.6 due to FIR against the respondent nos.4, 5, 6 and 7 in case crime no.501 of 2017, u/s 323, 324, 325, 307, 452, 504, 506 IPC, P.S. Ghatampur, district Kanpur Nagar .
It has been contended by learned counsel for the petitioner that petitioner is the informant of the present case and he has come up before this Court with the prayer that direction be given to the respondent authorities to conduct fair and proper investigation as early as possible as he apprehends that investigation is not being carried out in a fair and proper manner.
Considered the facts and circumstances of the case and submissions advanced by learned counsel for the parties.
There appears to be no good ground for direction to the respondent authorities for fair investigation as learned counsel for the petitioner has failed to demonstrate before this Court either from the record or from his argument as to why the investigation is not being carried out in a fair manner by the local police and there appears to be only vague averments made in the writ petition that the investigation is not being carried out in a fair manner.
The petition lacks merit. It is accordingly dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 28.8.2018
Gaurav
1 issue framed by the court
Whether the petitioner is entitled to a direction for conducting a fair and proper investigation.
Ram Avtar
State Of U.P.
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
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